Page 15 - CooperatorNews New Jersey Fall 2021

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COOPERATORNEWS NEW JERSEY
—FALL 2021
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for an individual unit for instance, to
make sure common charges are paid. But
in a co-op, it’s conceptually easier to sub-
stitute a receiver for a managing agent to
run the whole property.
Conservatorships
Conservatorship (or guardianship,
as it’s also known in some states) is the
appointment of someone to protect the
interests and estate of an individual. “It’s
usually for mental health situations,” says
McCracken. In a co-op or condo context,
it’s usually considered when an elderly or
infi rm person cannot take care of them-
selves. “We might seek a guardian to help
them manage their aff airs,” McCracken
continues. “It’s a way to get family mem-
bers involved, so [the struggling resident]
doesn’t get kicked out on the street. You
consent to guardianship in order to pro-
tect their interest. It is focused on a per-
son instead of real property.”
Unlike something like power of attor-
ney, conservatorship is more of an emer-
gency situation, says Barnett. If someone
becomes disabled, she explains, or an el-
derly person in a condo can’t properly care
for themselves (or puts other residents at
risk) and the family won’t intervene, a
conservator may become necessary.
In New Jersey, Piekarsky points out,
there is a diff erence between a conserva-
torship and a guardianship. “If one can no
longer handle one’s aff airs, it’s a guardian-
ship—not a conservatorship. A conserva-
tor is by consent; you haven’t lost your
mind yet. Once you’ve lost your mind,
it’s a guardianship. Th ere’s also something
called a civil commitment, where some-
one can be put in a facility to care for
them.”
Diff erent states have diff erent terms
for—and diff erent thresholds for invok-
ing—these powerful legal tools, so it goes
without saying that no matter the scale of
the situation, it’s vital to consult compe-
tent legal professionals licensed to prac-
tice in your area to help guide you through
the options available in your specifi c case,
and determine the best way forward.
In the long run, the benefi t of receiv-
erships and conservatorship is that there
is a court-appointed, highly qualifi ed, li-
censed and insured person looking out
for the best interest of a struggling as-
sociation or individual, depending on
the legal mechanism employed. Th ey are
fi duciaries, acting impartially on a court’s
direction to fi x a diffi cult situation and
get a property or estate running smoothly
again.
n
A J Sidransky is a staff writer/reporter for
CooperatorNews, and the author of several
published novels.
maximize water run-off and absorption,
take advantage of sun and shade, make
use of otherwise dead space, and account
for seasonality—a particularly important
consideration in the face of climate change
and the severe weather events it can bring
to all regions.
Similarly, mixing in plants native to the
region where they’re being planted has both
maintenance and sustainability benefi ts.
According to Steven Yergeau, Agriculture
and Natural Resources Agent for Ocean
and Atlantic Counties and member of the
New Jersey Landscape Contractors Asso-
ciation (NJLCA), “Native plants are a good
way to incorporate sustainable vegetation
into yards for clients who are environmen-
tally minded. Native plants are adapted to
local climate and soil conditions, requir-
ing less watering, fertilizers, and pesticides
than non-native vegetation.” Th e National
Wildlife Federation has launched a Native
Plant Finder on its website: www.nwf.org/
nativeplantfi nder/. Enter your zip code,
and fi nd all the fl owers, grasses, trees, and
shrubs that are native to your area.
Tom Lupfer, owner of Lupfer Landscap-
ing in Lyons, Illinois, and member of the
Illinois Landscape Contractors Associa-
tion (ILCA), contends that an integrated
landscape approach will also become a
more sustainable system. Where plants
are dying or struggling, he says, pests tend
to proliferate, which increases the need
for chemical applications. Th is has fur-
ther negative consequences for the health
and vitality of the landscape. “When you
put down herbicides, for example,” says
Lupfer, “you kill not only the harmful ele-
ments, but many of the benefi cial microbes
that foster life and growth in the soil. Th e
soil becomes barren, in a way, and has to
be supplemented artifi cially, which means
more chemicals.” As with any organic sys-
tem, the less need for intervention, the bet-
ter. Native plants are more likely to thrive
on their own in the conditions natural to
the region, requiring fewer chemicals, less
watering, and less impact.
Go for Low Maintenance
A sustainable landscape is one that
minimizes use of non-renewable resourc-
es, according to the Environmental Protec-
tion Agency (EPA). Th e less we can apply
chemicals, fertilizers, pesticides, and even
water to our manicured environments,
the better it is for both our planet and our
pocketbook. Th ese resources are not only
expensive, but their overuse can have neg-
ative eff ects on the environment and our
health.
Th e move to a sustainable landscape
need not be immediate, nor need it be an
extreme overhaul of an existing plan. “Th e
whole goal of moving toward sustainabili-
THE ‘3 GREENS’...
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